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20130423
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will not be treated as an enemy combatants. i strongly disagree with the obama administration's decision to rollout enemy combatants status for this suspect at this time. >> sticking around for the second part of our debate, he fled with his tail between his legs. senator lindsey graham and senator talked about obama not try him as an enemy combatants. it was said to see him go, he was a fine figure and a state senator, isn't it? >> al a high state legislature is much more sophisticated than we saw here today. >> let's talk about lindsey graham. sang the government should have left dzhokhar tsarnaev as an enemy combat and, at least on the table as a possibility. >> it is not permissible under the law. you cannot treat an american citizen who is accused of committing an american crime against mostly american citizens in boston as an enemy combatants. it would turn our country -- >> it has never happened before. >> into martial law. the supreme court struck that down and american citizens were charged with crimes and this fellow is being charged with an ordinary crime that anybody could be charged wi
combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because linds
disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're still approaching
the process. we are not going to make a big deal about it. the enemy combatant debate which is essentially closed at this stage. they decided it was a political debate more than a legal one. >> i mean, there was never really, at least among the obama administration, never a thought of having this guy being charged or treated as an enemy combatant. >> nor in the bush administration. every terrorist arrest inside of the united states has been tried in a united states criminal court, in a federal district court. that's what president bush did. that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appr
. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the coo
of the proceedings. what's your assessment, jeff, of the initial hearing and the fact that the obama administration decided to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforce
Search Results 0 to 5 of about 6